ABSTRACT
This chapter explores the presence and use of important legal protections for gastronomy-based intellectual property, such as the name of a heritage foodstuff, in an environment where foodways are increasing in value and could be susceptible to appropriation if not protected. It deals with an introduction to the concept of intellectual property, followed by a brief history of how intellectual property rights (IPRs) have evolved over the years, both broadly and more specifically within the tourism sector. A comment on the relationship between IPRs in gastronomic tourism and the rights claims of communities in developing food destinations serves as a reminder of the fine balance that needs to be struck when developing gastronomic tourism. Importantly, IPRs are protected in law through various legal mechanisms, including copyright, patents, and trademarks, as well as industrial designs and geographical indications. Intellectual property also poses a unique challenge for countries seeking to position themselves under a unified gastronomic brand.
